NAC 641B.005Definitions. (NRS 641B.160)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 641B.010 to 641B.065,
inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 11-28-89; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02, 1-9-2003)

NAC 641B.010“Applicant” defined. (NRS 641B.160)“Applicant”
means a person who applies for any privilege, license, approval or authority
from the Board.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R113-98, 1-13-99)

NAC 641B.012“Approved provider of continuing education” defined. (NRS 641B.160)“Approved
provider of continuing education” means a provider that the Board has approved
to provide programs of continuing education without submitting the contents of
each individual program for the review process set forth in subsection 1 of NAC 641B.191.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R112-00, 1-17-2001)

NAC 641B.015“Board” defined. (NRS 641B.160)“Board”
means the Board of Examiners for Social Workers.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.017“Client” defined. (NRS 641B.160)“Client”
means a natural person, couple, family, group, organization, governmental
agency or political subdivision of this State that receives services from a social
worker, regardless of whether the social worker charges a fee or receives any
compensation for the services.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99; A by R079-02, 1-9-2003; R142-08, 2-11-2009)

NAC 641B.022“Colleague” defined. (NRS 641B.160)“Colleague”
means any provider of services directly to a client, including, without
limitation, professionals, paraprofessionals and team members.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R079-02, eff. 1-9-2003)

NAC 641B.025“Complainant” defined. (NRS 641B.160)“Complainant”
means any person who complains to the Board of any act of another person.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 11-28-89; A 5-15-92; 11-8-95; R113-98, 1-13-99)

NAC 641B.028“Degree in a related field” defined. (NRS 641B.160)“Degree
in a related field” means a degree that includes a curriculum in:

1. Theories or concepts of human behavior
and the social environment;

2. Methods used in the practice of social work
for intervention and delivery of services;

3. Research concerning social work,
including, without limitation, the evaluation of programs or practices;

4. Management, administration or social
policy; and

5. Ethics in the practice of social work.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 11-28-89; A by R112-00, 1-17-2001)—(Substituted in revision for NAC
641B.058)

NAC 641B.035“Intern” defined. (NRS 641B.160)“Intern”
means an applicant for licensure as a licensed independent social worker or as
a licensed clinical social worker who has not yet completed 3,000 hours of
supervised postgraduate training, but is in the process of doing so under a
program of internship approved by the Board.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R079-02, 1-9-2003)

NAC 641B.040“Intervener” defined. (NRS 641B.160)“Intervener”
means any person who is not an original party to a proceeding but who may be
directly and substantially affected by it and who secures an order from the
Board or presiding officer granting him or her leave to intervene.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.041“Licensed associate in social work” defined. (NRS 641B.160)“Licensed
associate in social work” means a person licensed by the Board pursuant to NRS 641B.210 to engage in the
practice of social work as an associate in social work.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R079-02, eff. 1-9-2003)

NAC 641B.042“Licensed clinical social worker” defined. (NRS 641B.160)“Licensed
clinical social worker” means a person licensed by the Board pursuant to NRS 641B.240 to engage in the
practice of social work as a clinical social worker.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R079-02, eff. 1-9-2003)

NAC 641B.043“Licensed independent social worker” defined. (NRS 641B.160)“Licensed
independent social worker” means a person licensed by the Board pursuant to NRS 641B.230 to engage in the
practice of social work as an independent social worker.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R079-02, eff. 1-9-2003)

NAC 641B.044“Licensed social worker” defined. (NRS 641B.160)“Licensed
social worker” means a person licensed by the Board pursuant to NRS 641B.220 to engage in the
practice of social work as a social worker.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R079-02, eff. 1-9-2003)

NAC 641B.045“Licensee” defined. (NRS 641B.160)“Licensee”
means a person holding a license or provisional license pursuant to this
chapter as a licensed associate in social work, licensed social worker,
licensed independent social worker or licensed clinical social worker.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R113-98, 1-13-99; R079-02, 1-9-2003)

NAC 641B.047“Licensing period” defined. (NRS 641B.160)“Licensing
period” means the period in which a license is valid as prescribed in NAC 641B.110.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 11-28-89)

NAC 641B.050“Petitioner” defined. (NRS 641B.160)“Petitioner”
means any person, except a complainant, who petitions for any affirmative
relief, including a person who requests an advisory opinion or declaratory
order or requests the adoption, amendment or repeal of a regulation.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.052“Program of continuing education” defined. (NRS 641B.160)“Program
of continuing education” means a course or program of education and training
that:

1. Is designed to maintain, improve or
enhance the knowledge and competency of a licensee in the practice of social
work; and

2. Has been approved by the Board.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99; A by R112-00, 1-17-2001; R079-02, 1-9-2003; R142-08, 2-11-2009)

NAC 641B.055“Protestant” defined. (NRS 641B.160)“Protestant”
means any person who enters a proceeding to protest against an application or
petition.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.056“Provider” defined. (NRS 641B.160)“Provider”
means a person or entity who offers programs of continuing education that must
be approved pursuant to the review process set forth in subsection 1 of NAC 641B.191.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 11-28-89; A by R113-98, 1-13-99; R112-00, 1-17-2001)

NAC 641B.057“Psychotherapeutic methods and techniques” defined. (NRS 641B.160)“Psychotherapeutic
methods and techniques” means the methods of treatment, including, without
limitation, the use of individual, couples, family and group therapy, that use
a specialized, formal interaction between a licensed clinical social worker and
a client in which a therapeutic relationship is established and maintained to:

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99; A by R079-02, 1-9-2003; R142-08, 2-11-2009)

NAC 641B.060“Respondent” defined. (NRS 641B.160)“Respondent”
means a person against whom any complaint is filed or investigation is
initiated.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.062“Services that are culturally and linguistically appropriate”
defined. (NRS
641B.160)“Services
that are culturally and linguistically appropriate” means any care or services
provided by a licensee that:

1. Are effective, understandable and
respectful; and

2. Within the limitations of any available
resources, are compatible with the client’s:

(a) Cultural beliefs and practices; and

(b) Preferred language of communication.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R122-06, eff. 7-14-2006)

NAC 641B.063“Social work services” defined. (NRS 641B.160)“Social
work services” means the application of skills, knowledge, methods, principles
and techniques relating to social work in the licensed practice of social work.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99; A by R079-02, 1-9-2003)

NAC 641B.065“Social
worker” defined. (NRS 641B.160)“Social
worker” means a licensed associate in social work or a person holding a license
or provisional license as a licensed social worker, a licensed independent
social worker or a licensed clinical social worker unless the context
specifically refers solely to a person licensed as a licensed social worker
pursuant to NRS 641B.220.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R112-00, 1-17-2001; R079-02, 1-9-2003)

NAC 641B.068Interpretation of term “all costs incurred by the Board relating
to the discipline of the person.” (NRS 641B.160, 641B.430)As used
in NRS 641B.430, the Board
will interpret the term “all costs incurred by the Board relating to the
discipline of the person” to include, without limitation:

1. Attorney’s fees;

2. Hearing costs; and

3. Investigative fees and costs.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R079-02, eff. 1-9-2003)

1. “Administration” to mean one or more
methods used by those persons with administrative responsibility to plan and
achieve organizational goals that will enhance the ability of a client to
function physically, socially and economically.

2. “Case work” to mean a method to advocate,
plan, provide, evaluate, coordinate and monitor services from a variety of
resources on behalf of and in collaboration with a client.

3. “Community organization” to mean a
process of intervention to deal with social problems and to enhance the public
safety and welfare through planned collective action.

4. “Consultation” to mean a problem-solving
process in which expertise is offered to a client or colleague to assist in
learning how to solve problems and make decisions to enhance or restore the ability
of a client to function physically, socially and economically. The term
includes counseling and may be on a continuous, temporary or ad hoc basis.

5. “Group work” to mean an orientation and
method of social work intervention in which a small number of persons who share
similar problems convene and engage in activities designed to achieve certain
objectives.

6. “Planning” to mean the process of
specifying future objectives for a client, evaluating the means for achieving
those objectives and making deliberate choices with or for the client about the
appropriate course of action to achieve the objectives.

7. “Research” to mean systematic procedures
used in seeking facts or principles to assist clients in their ability to
enhance or restore their ability to function physically, socially and
economically.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R142-08, eff. 2-11-2009)

NAC 641B.070Severability. (NRS 641B.160)If any
provision of this chapter or any application thereof to any person, thing or
circumstance is held invalid, the Board intends that such invalidity not affect
the provisions or applications to the extent that they can be given effect.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

LICENSING AND SUPERVISION

NAC 641B.075Evidence
of license. (NRS
641B.160)Any
time a person engages in the practice of social work, the person shall carry
evidence that is satisfactory to the Board that he or she holds a license
issued by the Board.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99; A by R079-02, 1-9-2003)

1. At the primary place of employment or
practice of the licensee, the license issued to him or her by the Board.

2. At all other places of employment or
practice of the licensee, a copy of the license issued to him or her by the
Board that has been certified as a true copy by a notary public.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R113-98, 1-13-99; R112-00, 1-17-2001)

NAC 641B.082Display of internship certificate. (NRS 641B.160)An
internship certificate issued by the Board must be prominently displayed at all
times at each location approved by the Board for the internship.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99)

1. An application for licensure or renewal
must be submitted on a form provided by the Board.

2. For good cause, the Board may allow an
applicant to present material at its meeting in addition to the materials which
he or she has previously submitted to the Board.

3. By submitting an application, an
applicant grants the Board full authority to make any investigation or personal
contact necessary to verify the authenticity of, or to clarify an ambiguity in,
the matters and information stated within the application. If the Board so
requests, the applicant must supply to the Board information that will verify
the authenticity or clarify any ambiguity in the application.

4. An applicant for initial licensure must
submit to the Board to satisfy the requirements of NRS 641B.202:

(a) Two sets of completed fingerprint cards;

(b) Written authorization for the Board to forward
those cards to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report; and

(c) The amount of the fees charged by the Central
Repository for Nevada Records of Criminal History and the Federal Bureau of
Investigation for the handling of the fingerprint cards and issuance of the
reports of criminal histories.

5. If deemed necessary, the Board will
appoint a member of the Board or a designee to examine an application, take the
actions authorized pursuant to subsection 3 and make recommendations for the
Board’s action.

6. If deemed necessary, the Board will
require the personal appearance of the applicant.

7. For each application, the Board will:

(a) Approve the application;

(b) Defer action on the application pending the
receipt by the Board of additional information concerning the application; or

(c) Deny the application.

8. The Board will waive the required
examination for an applicant if:

(a) The applicant is not eligible for endorsement
pursuant to NAC 641B.126;

(b) The applicant has passed an appropriate
examination in another state within the 6 months immediately preceding the date
on which he or she submits his or her application for licensure with the Board;
and

(c) The examination that the applicant passed is
equivalent to the examination that the applicant would otherwise be required to
take pursuant to NAC 641B.105.

NAC 641B.095Evidence of age, citizenship and entitlement to remain and work
in United States. (NRS 641B.160, 641B.200)

1. Except as otherwise provided in subsection
2, for the purposes of NRS
641B.200, the Board will accept as satisfactory evidence of:

(a) The age of the applicant, a copy of his or her
birth certificate, passport, baptismal certificate, driver’s license or such
other documentation regarding age satisfactory to the Board. If the evidence
includes any order of a court or other legal document specifying a change of
name of the applicant or any form of identification that includes a photograph
of the applicant, a copy of the document or identification must be submitted to
the Board.

(b) The citizenship of the applicant, a copy of his
or her birth certificate, passport, naturalization papers or such other
documentation regarding citizenship satisfactory to the Board.

(c) The lawful entitlement of the applicant to
remain and work in the United States, a copy of documentation from the United
States Citizenship and Immigration Services of the Department of Homeland
Security evidencing the lawful entitlement of the applicant to remain and work
in the United States.

2. A birth certificate issued by a hospital
is not satisfactory evidence of the age or citizenship of the applicant.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 11-8-95; R122-06, 7-14-2006)

Ê must cause
the college or university from which he or she graduated to forward directly to
the Board a certified transcript of his or her educational course work which
sets forth the degree awarded.

2. A graduate of a foreign social work
program must:

(a) Submit the appropriate forms and documentation
to the Council on Social Work Education for evaluation of foreign credentials;
and

(b) If the Council on Social Work Education
determines that his or her foreign program was equivalent to a program that it
would accredit in the United States, submit to the Board a copy of his or her
transcript and cause the documentation from the Council on Social Work
Education to be submitted to the Board.

1. An applicant for licensure as a licensed
social worker, licensed independent social worker or licensed clinical social
worker must pass a two-part examination consisting of:

(a) The appropriate examination, as described in
subsection 2, given by the Association of Social Work Boards or another testing
administrator that has been approved by the Board; and

(b) An examination given by the Board which tests
the knowledge of the applicant of the provisions of this chapter and chapter 641B of NRS and any other provisions
of NAC or NRS relevant to the practice of social work.

2. An applicant for licensure as:

(a) A licensed social worker must pass the
Bachelors or Basic Examination of the Association of Social Work Boards if the
applicant holds a baccalaureate degree in social work as described in NRS 641B.220. If the applicant
holds a master’s degree in social work as described in NRS 641B.220, the applicant must
pass the Bachelors or Basic Examination or Masters or Intermediate Examination
of the Association of Social Work Boards.

(b) A licensed independent social worker must pass
the Advanced Generalist or Advanced Examination of the Association of Social
Work Boards.

(c) A licensed clinical social worker must pass the
Clinical Examination of the Association of Social Work Boards.

3. Except as otherwise provided in this
section, an applicant who is required to pass an examination pursuant to this
section must satisfy the Board that he or she possesses the necessary
requirements regarding age, citizenship, character, education and, if
applicable for the relevant license, supervisory experience before taking the
examination. A student of social work currently enrolled in his or her last
semester may take the examination before the award of his or her degree. For
the purposes of this subsection, “student of social work” means a person
enrolled in an undergraduate or graduate program of study leading to a degree
in social work from a college or university accredited by the Council on Social
Work Education or which is a candidate for such accreditation.

4. In addition to the requirements for
offering examinations set forth in NRS
641B.250, examinations will be offered as deemed appropriate by the Board
and as scheduled by the Association of Social Work Boards or another testing
administrator that has been approved by the Board.

5. A failed examination may be retaken 90
days after the failed examination. Thereafter, only one examination may be
taken every 6 months.

(a) An initial license will not become delinquent
less than 1 year after the date of issuance.

(b) Except as otherwise provided in subsection 4,
after initial licensure, each license will become delinquent annually on the
last day of the month of birth of the licensee and will expire 60 days
thereafter.

2. Except as otherwise provided in this
subsection, an application for the renewal of a license must be completed on
forms supplied by the Board and submitted to the Board on or before the last
day of the month of birth of the licensee. An application for the renewal of a
provisional license issued pursuant to paragraph (b) of subsection 1 of NRS 641B.275 must be submitted to
the Board annually on or before the last day of the 12th month after the month
in which the license was initially issued, until the expiration of the 3-year
period of licensure set forth in NAC 641B.112 or
until the license is no longer valid pursuant to NAC
641B.112.

3. If an application for renewal and the
required fee are not postmarked on or before the last day of the month of birth
of the licensee, the license becomes delinquent. A licensee whose license
becomes delinquent or expires may not engage in the practice of social work
until the license has been renewed or restored, as applicable.

4. Except as otherwise provided in this
subsection, an application for renewal on which action is deferred pending the
receipt by the Board of additional information concerning the application will
expire if the additional information is not received by the Board within 21
days after the Board requests the additional information. The application will
not expire if the Board, upon written request by an applicant, allows
additional time as the Board deems reasonable and necessary to allow the
applicant to gather the requested information. The license to which such an
application pertains will not become delinquent or expire before the Board
approves or denies the application.

5. A person whose license has expired may,
within 3 years after the date on which the license expired, regain the right to
practice social work at the same level of licensure by applying for restoration
pursuant to NAC 641B.111. A person whose license
has expired and who, more than 3 years after the date on which it expired,
wishes to regain the right to practice social work at the same level of
licensure must apply for a license pursuant to NAC
641B.090 to 641B.105, inclusive.

6. If a licensee notifies the Board in
writing that the licensee will not renew his or her license and allows the
license to expire, the Board will not consider the license to be delinquent for
the purposes of NRS 641B.290.

(a) An applicant must cause the college or
university to forward directly to the Board the evidence of enrollment.

(b) The evidence of enrollment must include
evidence, that is satisfactory to the Board, of formal admission to the program
of study and of satisfactory progress toward the degree, indicating that the
applicant will be able to obtain the degree in social work within 3 years.

2. A provisional license issued pursuant to
paragraph (b) of subsection 1 of NRS
641B.275 is no longer valid:

(a) If, upon request of the Board, the licensee
fails to cause the college or university to forward directly to the Board
evidence of enrollment that complies with subsection 1.

(b) If the licensee fails to renew his or her
provisional license in a timely manner by:

(1) Submitting to the Board the application
for renewal on a form supplied by the Board and the appropriate fee; and

(2) Causing the college or university to
forward directly to the Board evidence of enrollment that complies with
subsection 1.

(c) Three years after:

(1) The initial issuance of the license; or

(2) The licensee graduates from a program of
study leading to a degree in social work,

Ê whichever
occurs first.

3. A person is not eligible for the issuance
of a provisional license pursuant to paragraph (a) of subsection 1 of NRS 641B.275 if he or she has
failed the prescribed examination within 5 years immediately preceding the date
on which he or she submits his or her application.

4. A provisional license issued pursuant to
paragraph (a) of subsection 1 of NRS
641B.275 is no longer valid if:

(a) The licensee fails the prescribed examination;
or

(b) The provisional licensing period of 9 months
expires,

Ê whichever
occurs first.

5. The holder of a provisional license may
be subject to disciplinary action pursuant to NRS 641B.400, including, without
limitation, the revocation of his or her license.

6. A provisional license that has been
invalidated or revoked may not be reinstated or restored. A person who has
obtained a provisional license is not eligible for a second provisional
license.

7. The holder of a provisional license to
engage in social work, to engage in social work as a licensed independent
social worker or to engage in social work as a licensed clinical social worker
shall practice under the supervision of a licensed social worker who is:

NAC 641B.120Payment and handling of fees and remittances; lapse of applications.
(NRS
641B.160)

1. Fees and remittances to the Board must be
made by a money order, bank draft or check payable to the Board. Remittances in
currency or coin are made wholly at the risk of the remitter, and the Board
assumes no responsibility for a loss thereof.

2. Payment in full of all required fees must
accompany each application for licensure or renewal.

3. The Board will establish bank accounts
necessary for handling of fees and remittances. The accounts will require for
the transaction of business the signature of:

(a) Two members of the Board; or

(b) Any member of the Board and the Executive
Director of the Board.

4. An application for licensure on which no
action has been taken by the applicant for 1 year after its receipt by the
Board will be considered by the Board to have lapsed. The Board will not refund
any fee related to an application which has lapsed.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92; R113-98, 1-13-99)

NAC 641B.124Practice by electronic, telephonic or other means. (NRS 641B.160)The
provision of social work services to a client within this State through any
means, including, without limitation, electronic means or by telephone,
regardless of the location of the social worker, constitutes the practice of
social work and is subject to the provisions of chapter 641B of NRS and any regulations
adopted pursuant to that chapter.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99)

1. An applicant for licensure as a social
worker who holds, in another state, at least an equivalent license that is in
good standing to engage in the practice of social work as described in this
chapter and chapter 641B of NRS may
be licensed by endorsement by the Board to engage in the practice of social
work in this State by the Board without taking the examination prescribed by
the Board if:

(a) The applicant provides evidence satisfactory to
the Board that the applicant has successfully passed the appropriate licensing
examination described in subsection 2 of NAC 641B.105
within the immediately preceding 15 years; or

(b) The applicant:

(1) Has successfully passed the appropriate
licensing examination described in subsection 2 of NAC
641B.105 or a substantially equivalent examination in the state in which
the applicant holds a license; and

(2) Provides evidence satisfactory to the
Board that the applicant has held the license for at least 20 years and that at
least 50 percent of the practice of the applicant for the immediately preceding
10 years has been in the practice of social work.

2. An applicant for licensure as a clinical
social worker or an independent social worker who holds, in another state, at
least an equivalent license that is in good standing to engage in the practice
of social work as described in this chapter and chapter 641B of NRS may be licensed by
endorsement by the Board if the applicant provides evidence satisfactory to the
Board that the applicant completed, before July 1, 1990, at least 3,000 hours
of postgraduate social work supervised by a licensed mental health
practitioner.

3. An applicant for licensure by endorsement
must submit to the Board:

(a) A written application on a form prescribed by
the Board;

(b) The applicable fee;

(c) Except as otherwise provided in subsection 4,
proof that the license issued by the other state or any other license or
credential issued to the applicant by another state:

(1) Is currently valid and in good standing;
and

(2) Has never been suspended, revoked or
otherwise restricted for any reason; and

(d) Proof that the applicant is of good moral
character as it relates to the practice of social work.

4. If an applicant has had a license or
credential that was issued by another state suspended, revoked or otherwise
restricted for any reason, the Board will review and consider the specific facts
and circumstances surrounding the suspension, revocation or restriction and may
issue or decline to issue a license to an applicant based upon its review.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R113-98, eff. 1-13-99; A by R079-02, 1-9-2003; R122-06, 7-14-2006; R142-08, 2-11-2009)

1. Except as otherwise provided in
subsection 2 of NAC 641B.126, an applicant for
licensure as a licensed independent social worker must complete an internship
consisting of not less than 3,000 hours of supervised, postgraduate social
work. Except as otherwise provided in subsections 2 and 3, the required work
must be:

(a) Undertaken in a program that is approved by the
Board before the applicant begins the program. The program must include,
without limitation:

(1) An examination, if deemed necessary by the
Board;

(2) An appropriate setting, as determined by
the Board;

(3) Supervision of the applicant by a
supervisor who has been approved by the Board; and

(4) A plan of supervision that has been
approved by the Board.

(b) Completed not earlier than 2 years or later
than 3 years after the Board approves the program. For good cause, the Board
will grant a specific extension of this period.

(c) Conducted pursuant to the requirements and
standards set forth by the Board. For good cause, the Board will withdraw its
approval of a particular program.

2. Upon application to the Board by an
applicant who is currently a licensed social worker or a licensed associate in
social work, the Board will approve and accept for licensure supervised
postgraduate hours completed in an agency that provides social work services if
the applicant:

(a) Has been continually licensed as a social
worker for the immediately preceding 10 years; and

(b) Provides evidence satisfactory to the Board of
continuous supervision by a licensed social worker for at least 5 of the
immediately preceding 10 years.

3. An applicant who has completed 3,000
hours of supervised, postgraduate social work in another state may submit
evidence of the satisfactory completion of that work to the Board for its
consideration. The Board will approve that work and accept it for licensure if
the Board determines that the experience of the applicant is substantially
equivalent to the current standards established by the Board for those
applicants who complete their work in this State.

4. The following activities do not qualify
as supervised, postgraduate social work:

(a) Instruction in techniques or procedures through
classes, workshops or seminars.

(b) Orientational programs.

(c) Practice which is not under the supervision of
an agency. The Board will consider a person to be under the supervision of an
agency if:

(1) Each client who is served by the intern is
a client of the agency and that fact is clearly set forth on each contract,
release, agreement for financial reimbursement and billing statement which
relates to that client;

(2) All records regarding clients belong to
the agency and the agency has provided for their confidentiality and
safekeeping;

(3) The agency appoints a specific employee of
the agency to act as the board-approved supervisor of the intern, if such an
employee is available, or otherwise approves a nonemployee to do so;

(4) The appointed supervisor reviews the work
of the intern in the manner required for supervisors of interns;

(5) The appointed supervisor is granted
complete access to all records of the agency related to the practice of the
intern; and

(6) Any compensation for the services of the
intern is provided directly by the agency.

(d) Any other activity that the Board determines is
not within the scope of the practice of social work.

1. An applicant for licensure as a licensed
clinical social worker must complete an internship consisting of not less than
3,000 hours of supervised, postgraduate clinical social work. Except as
otherwise provided in subsection 3, the required work must be:

(a) Undertaken in a program that is approved by the
Board before the applicant begins the program. The program must include,
without limitation:

(1) An examination, if deemed necessary by the
Board;

(2) An appropriate setting, as determined by
the Board;

(3) Supervision of the applicant by a
supervisor who has been approved by the Board; and

(4) A plan of supervision that has been
approved by the Board.

(b) Completed not earlier than 2 years or later
than 3 years after the Board approves the program. For good cause, the Board
will grant a specific extension of this period.

(c) Conducted pursuant to the requirements and
standards set forth by the Board. For good cause, the Board will withdraw its
approval of a particular program.

2. At least 2,000 hours of the supervised,
postgraduate clinical social work required by subsection 1 must be in the area
of psychotherapeutic methods and techniques to persons, families and groups to
help in the diagnosis and treatment of mental and emotional conditions. Unless
otherwise approved by the Board, an average of 25 hours per week, not to exceed
325 hours in each quarter, of postgraduate hours in the use of
psychotherapeutic methods and techniques will be accepted toward satisfying
this requirement. The remaining hours required by subsection 1 may be completed
in other areas of clinical social work.

3. An applicant who has completed 3,000
hours of supervised, postgraduate clinical social work in another state within
the immediately preceding 10 years may submit to the Board for its
consideration evidence of the satisfactory completion of that work and
documentation that his or her supervisor was a clinical social worker and was
qualified to supervise in that state. The Board will approve that work and
accept it for licensure if the Board determines that the experience of the
applicant is substantially equivalent to or exceeds the current standards
established by the Board for those applicants who complete their work in this
State.

4. The following activities do not qualify
as supervised, postgraduate clinical social work:

(a) Instruction in techniques or procedures through
classes, workshops or seminars.

(b) Orientational programs.

(c) Role-playing as a substitute for actual social
work.

(d) Psychotherapy of the intern himself or herself.

(e) Except as otherwise provided in subsection 5,
practice which is not under the supervision of an agency. The Board will
consider a person to be under the supervision of an agency if:

(1) Each client who is served by the intern is
a client of the agency and that fact is clearly set forth on each contract,
release, agreement for financial reimbursement and billing statement which
relates to that client;

(2) All records regarding clients belong to
the agency and the agency has provided for their confidentiality and
safekeeping;

(3) The agency appoints a specific employee of
the agency to act as the board-approved supervisor of the intern, if such an
employee is available, or otherwise approves a nonemployee to do so;

(4) The appointed supervisor reviews the work
of the intern in the manner required for supervisors of interns;

(5) The appointed supervisor is granted
complete access to all records of the agency related to the practice of the
applicant; and

(6) Any compensation for the services of the
intern is provided directly by the agency.

(f) Any other activity that the Board determines is
not within the scope of the practice of clinical social work.

5. Any supervised, postgraduate clinical
social work completed before January 1, 1990, by an applicant who holds an
equivalent license from another state that is in good standing to engage in the
practice of clinical social work as described in this chapter and chapter 641B of NRS is not required to
be completed under the supervision of an agency if the Board determines that:

(a) There is good cause for waiving the requirement
that the practice be under the supervision of an agency; and

(b) The experience of the applicant is
substantially equivalent to or exceeds the current standards established by the
Board.

(b) Be a licensed independent social worker or a
licensed clinical social worker if supervising an intern who is seeking a
license as a licensed independent social worker, or be a licensed clinical
social worker if supervising an intern who is seeking a license as a licensed
clinical social worker.

(c) Have at least 3 years of experience as a
licensed clinical social worker or licensed independent social worker or have
equivalent experience acceptable to the Board.

(d) Demonstrate to the Board that his or her
current practice:

(1) If he or she is supervising an intern who
is seeking a license as a licensed independent social worker, consists of not
less than 15 hours per month of independent practice.

(2) If he or she is supervising an intern who
is seeking a license as a licensed clinical social worker, consists of not less
than 15 hours per month of clinical practice in the area of psychotherapeutic
methods and techniques.

Ê The Board may
waive the requirements of this paragraph if the Board determines that there is
good cause, including, without limitation, practice within the last 2 years
which is equivalent to the requirements of this paragraph.

(e) If deemed necessary by the Board, successfully
complete a written examination.

(f) If deemed necessary by the Board, successfully
complete any training specified by the Board.

2. A person will not be approved as a
supervisor of an intern if he or she is subject to an order issued by the Board
for disciplinary action.

3. A supervisor shall not:

(a) Reside with the intern, have an intimate
personal relationship with the intern or be related to the intern by blood or
marriage;

(b) Have had the intern as a client;

(c) Have had the intern as a supervisor; or

(d) Supervise more than three interns at one time
without prior approval from the Board.

4. The Board will maintain a list of persons
who have been approved by the Board to supervise interns and will provide, upon
request, a copy of the list to any person who is applying to become an intern.

5. Each agreement pursuant to which a
supervisor agrees to supervise an intern and each plan of supervision setting
forth the requirements of NAC 641B.160 must be
submitted to the Board for its approval. The Board will, when it deems the
limitation appropriate, disapprove a proposal for the supervision of a
particular intern by a particular supervisor.

6. A supervisor shall keep a record of the
internship program which must include, without limitation, the content of
meetings and a description of supervisory activities. Such a record must be
kept for a minimum of 5 years after the termination of the internship program.

7. The Board will not recognize time spent
by an intern:

(a) Under the supervision of a person who has not
been approved by the Board to supervise interns; or

(b) In an arrangement covered by an agreement
relating to the supervision of the intern which has not been approved by the
Board.

1. A supervisor of an intern is responsible
for the practice of social work by the intern.

2. A supervisor of an intern shall ensure
that:

(a) The work of the intern is conducted in an
appropriate professional setting;

(b) The work of the intern is consistent with the
standards of the profession;

(c) The intern is assisted with the development of
his or her professional identity;

(d) The intern has gained the skills required to
manage his or her practice;

(e) The intern has gained the skills required for
continuing competency;

(f) The intern has gained knowledge of the laws and
regulations applicable to the practice of social work;

(g) The intern is familiar with the current
literature concerning those areas of social work relevant to his or her area of
practice; and

(h) The intern provides services that are
culturally and linguistically appropriate.

3. A supervisor of an intern shall:

(a) Meet in person with the intern on an individual
basis for at least 1 hour every week, unless the Board specifically directs a
different schedule or frequency for the meetings, to discuss and evaluate the
performance of the intern in his or her practice;

(b) Unless waived by the Board for good cause, if
the intern practices social work at a site at which the supervisor does not
practice social work, visit the site at least once every month and as necessary
consult with the on-site supervisor regarding the practice of social work by
the intern;

(c) Prepare and submit to the Board quarterly
reports and a final report, unless the Board specifically directs a different
schedule or frequency for the reports, on forms provided by the Board,
concerning the progress of the intern in his or her practice; and

(d) Be available to consult with the Board
concerning the record, competence in practice, emotional and mental stability
or professional and ethical conduct of the intern.

4. Not more than 24 hours of the total
supervision of the intern may be in the form of group supervision.

5. A supervisor of an intern shall analyze
the performance of an intern through information obtained from:

(a) Observation or participation in the practice of
the intern;

(b) The notes of the intern; and

(c) Process recordings prepared by the intern.

6. The Board will, if it deems appropriate,
require additional hours of internship and supervision for an intern who fails
to demonstrate the degree of competency expected at the end of an internship.

7. The Board will, if it deems it
appropriate, withdraw its approval of a person to supervise a particular intern
or any intern if the supervisor:

(a) Fails to supervise an intern adequately;

(b) Fails to comply with each applicable provision
of a statute or regulation;

(c) Fails to submit acceptable reports as required
in paragraph (c) of subsection 3 regarding the progress of each intern under
his or her supervision;

(d) Without good cause or approval by the Board,
fails to submit two consecutive reports as required pursuant to paragraph (c)
of subsection 3;

(e) Fails to complete the training required by the
Board pursuant to subsection 1 of NAC 641B.155; or

(f) Becomes subject to an order issued by the Board
for disciplinary action.

8. A person whose approval to supervise an
intern has been withdrawn by the Board because he or she is subject to an order
issued by the Board for disciplinary action may reapply for approval to
supervise an intern after satisfactorily completing the requirements of the
order.

9. If the Board withdraws its approval of
the person supervising an intern, the intern may apply to the Board for the:

(a) Assignment of another approved supervisor; and

(b) Approval of a new internship agreement and plan
of supervision.

10. As used in this section, “process
recording” means a written record of an interaction with a client.

NAC 641B.165Supervisors of interns: Requirements for provision or
continuation of supervision. (NRS 641B.160)A
supervisor of an intern may agree to provide or continue the supervision of an
intern only if he or she believes that the intern:

2. Is achieving the competence necessary to
practice in social work or clinical social work; and

3. If licensed, will uphold the professional
and ethical standards of the practice of social work.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R142-08, 2-11-2009)

NAC 641B.170Supervisors of interns: Agreement for fee. (NRS 641B.160)A
supervisor of an intern and his or her intern may, by agreement, establish a
fee, if any, to be paid by the intern to the supervisor for supervising the
intern’s practice.

1. Except as otherwise provided in
subsections 4 and 5, to renew his or her license:

(a) A licensee who is a licensed associate in
social work or a licensed social worker must complete at least 30 continuing
education hours every 2 years, of which:

(1) Two hours must relate to ethics in the
practice of social work, including, without limitation, issues addressing
professional boundaries, confidentiality or dual relationships within that
practice; and

(2) Unless otherwise approved by the Board, 10
hours must be in the field of practice of the licensee; and

(b) A licensee who is a licensed clinical social
worker or licensed independent social worker must complete at least 36 hours of
continuing education every 2 years, of which:

(1) Three hours must relate to ethics in the
practice of social work, including, without limitation, issues addressing
professional boundaries, confidentiality or dual relationships within that practice;
and

(2) Unless otherwise approved by the Board, 12
hours must be in the field of practice of the licensee.

2. To fulfill the continuing education
requirements of this section, the continuing education hours for all classes of
licensure must be completed in programs of continuing education approved by the
Board that maintain, improve or enhance the knowledge and competency of a
licensee in the practice of social work.

3. Upon the request of the licensee, the
Board may waive the continuing education requirements of this section for a
licensee who is at least 70 years of age and is retired from the practice of
social work.

4. The Board may renew the license of a
licensee who fails to complete 30 continuing education hours during a 2-year
period if it finds good cause to do so.

5. The Board will renew the license of a
licensee during the period in which he or she is enrolled in a program leading
to:

(a) A baccalaureate or master’s degree in social
work from a college or university that is accredited by or is a candidate for
accreditation by the Council on Social Work Education; or

(b) A doctoral degree in social work,

Ê and for one
renewal period after graduation from the program. Before renewing the license,
proof of enrollment or graduation within the past 2 years must be submitted to
the Board by the licensee.

6. If the Board renews the license of a
licensee pursuant to subsection 4, it may require the licensee to complete not
more than 30 additional continuing education hours during the next 2-year
period.

7. A licensee may not take a program of
continuing education which presents the same material he or she took during the
previous 2-year period.

8. A licensee is subject to disciplinary
action if he or she:

(a) Within 30 days after receiving a request from
the Board, fails to provide to the Board information of his or her
participation in a program of continuing education; or

(b) Submits to the Board false or inaccurate
information regarding his or her participation in a program of continuing
education.

1. Except as otherwise provided in
subsections 4 and 5 of NAC 641B.187, every other
application for renewal of a license must be accompanied by an affidavit
evidencing the completion of at least 30 continuing education hours during the
2 years immediately preceding the date of the application.

2. The Board will randomly select affidavits
to verify the authenticity of the information contained therein.

3. Each licensee shall maintain sufficient
documentation which verifies the information set forth in the affidavit for at
least 3 years. The inability to provide evidence supporting the information in
the affidavit subjects the licensee to disciplinary action.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 11-28-89; A 10-25-93; R142-08, 2-11-2009)

1. A program of continuing education that
demonstrates the knowledge and competency of a licensee must be approved by the
Board. Except as otherwise provided in this subsection, to obtain the approval
of the Board, a continuing education program must be limited in time, be interactive
and provide independent verification that the licensee has successfully
completed the program. A continuing education program that is not limited in
time or interactive may be approved by the Board if the program meets specific
criteria set forth by the Board. A continuing education program may be in the
form of:

(d) A self-directed learning program which has been
approved by the Board before the licensee begins the program;

(e) Publication of an article or paper by the
licensee in a professional journal or other publication that is approved by the
Board;

(f) A one-time presentation, not to exceed 15
hours, of an academic course, in-service training workshop or seminar by the
licensee;

(g) Successful completion of an academic course of
instruction at a regionally accredited college or university;

(h) Attendance by the licensee at a workshop or
public hearing conducted by the Board; or

(i) Any other kind of program or course if the
Board has, at the request of the licensee wishing to take the program or course
as continuing education, approved the program or course as a program of
continuing education.

2. A licensee may apply, if licensed as a
licensed associate in social work or a licensed social worker, for not more
than 15 hours of continuing education credit or, if licensed as a licensed
independent social worker or a licensed clinical social worker, for not more
than 18 hours of continuing education credit for distance learning courses,
home study courses and self-directed learning programs during a 2-year period,
except that the Board may approve additional hours of such continuing education
if the licensee can demonstrate good cause for the approval of the additional
hours.

3. A licensee may apply, if licensed as a
licensed associate in social work or a licensed social worker, for not more
than 2 hours of continuing education credit or, if licensed as a licensed
independent social worker or a licensed clinical social worker, for not more
than 4 hours of continuing education credit relating to ethics for any period
in which the licensee serves as a member of a committee or board of review
that:

(a) Considers issues or applies any policy, law or
regulation relating to ethics; and

(b) Is approved by the Board.

4. The following courses and programs will
be deemed unacceptable as a program of continuing education:

(a) An orientation program for new employees.

(b) An on-the-job training program presented by an
agency whose primary purpose is to disseminate information on the policy or
procedure of the agency.

(c) A home study course that includes audio or
video tapes which is not interactive, which is not limited by time and for
which there is no independent verification of successful completion.

(d) A program for self-improvement.

(e) A distance learning course which is not
interactive, which is not limited by time and for which there is no independent
verification of successful completion.

(f) A self-directed learning program:

(1) Which is not interactive, which is not
limited by time and for which there is no independent verification of
successful completion; or

(2) Which covers the same material as a previous
program approved for the licensee for self-directed learning or which is not
preapproved by the Board.

5. As used in this section, “interactive”
means any two-way communication in which each participant in the communication
is able to interact in a manner which elicits or may elicit a response from a
provider or any other participant in that communication. The term includes,
without limitation, any discussion or homework. The term does not include any
test that is conducted before or after a program of continuing education.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 11-28-89; A by R113-98, 1-13-99; R079-02, 1-9-2003; R122-06, 7-14-2006;
R142-08, 2-11-2009)

1. Before the Board approves a course or
program, the Board must be satisfied that the course or program:

(a) Will be taught by a competent instructor as
demonstrated by his or her educational, professional and teaching experience,
unless the course or program is proposed by a licensee pursuant to subsection 2
of NAC 641B.192 and does not include the use of an
instructor;

(b) Contains current and relevant educational
material concerning social work, is applicable to the practice of social work,
and will enhance the knowledge and competency of a licensee in the practice of
social work;

(c) Is of professional quality;

(d) Is appropriately designed for instructional
purposes;

(e) Is supported entirely or partially by evidence
that is based on research; and

(f) Includes a written evaluation of the content
and presentation of the course or program and its relevance to the practice of
social work for each licensee to complete.

2. A course or program presented in the form
of lectures, seminars, workshops, academic courses at an institution of higher
education, correspondence courses through an accredited college or university
which do not lead to a degree, and on-the-job training programs offered by an
agency shall be deemed “appropriately designed for instructional purposes,” as
that term is used in subsection 1. The provider is responsible for the format
and presentation of the courses or programs and may restrict the format in
which the material is presented unless otherwise required by the Board.

3. The subject matter of a course or program
which addresses one or more of the following areas:

(a) Theories or concepts of human behavior and the
social environment;

(b) Social work methods of intervention and
delivery of services;

(c) Social work research, including, without
limitation, the evaluation of programs or practices;

(d) Management, administration or social policy;

(e) Social work ethics;

(f) Services that are culturally and linguistically
appropriate;

(g) Social work theories or concepts of addictions
in the social environment; or

(h) Other areas directly related to the field of
practice of the licensee,

Ê shall be
deemed to reflect “current and relevant educational material concerning social
work” and be “applicable to the practice of social work,” as those terms are
used in subsection 1.

1. Unless a provider has achieved the status
as an approved provider of continuing education pursuant to subsection 2, a
provider requesting approval of a course or program must, for each course or
program, submit to the Board an application containing the information required
by the Board. The Board will notify the provider whether the course or program
has been approved or denied within 30 days after receipt of the completed
application for approval by the Board. If the Board approves the course or
program, the notice of approval will state the number of continuing education
hours for which the course or program is approved. Approval of the course or
program will:

(a) Be given for a particular presentation or
series of presentations; or

(b) Expire on a specific date set forth in the
notice of approval.

2. A provider may apply to the Board for
status as an approved provider of continuing education. Upon receipt of
sufficient evidence that the provider possesses the consistent ability to
provide professional-quality programs of continuing education and that it
employs or consults with a social worker who is licensed in any jurisdiction
and has at least 3 years’ experience to review each course or program that will
be provided by the approved provider for its compliance with NAC 641B.190, the Board will grant status as an
approved provider of continuing education. An approved provider of continuing
education shall, within 30 days after the end of each calendar quarter, submit
to the Board a report that lists the title, summary, dates and number of
credits assigned to each course or program it offered in the previous quarter.
The Board may investigate the contents of any course or program listed in the
quarterly report. The Board may withdraw the status of a provider as an
approved provider of continuing education if the Board determines that the
provider no longer possesses the qualifications of this subsection and gives
the provider 30 days’ notice. A provider may reapply for status as an approved
provider of continuing education at any time.

3. If the Board denies approval of a course
or program or denies or withdraws status as an approved provider of continuing
education, the applicant may, within 30 days after receiving notice of the
denial or withdrawal, request in writing that the Board reconsider its
decision.

NAC 641B.192Approval: Application by licensee; request for approval for
credit of program created and directed by licensee. (NRS 641B.160, 641B.280)

1. A licensee may request the approval of a
course or program which has not been submitted for:

(a) Approval by a provider; or

(b) Approval pursuant to subsection 2,

Ê by submitting
to the Board an application containing the information required by the Board
for its review pursuant to NAC 641B.190. The
course or program is subject to the same criteria used to evaluate the course
or program submitted by a provider seeking approval.

2. A licensee may apply for approval for
credit of a program of study or activities that is created and directed by the
licensee. The application must include information or materials demonstrating
that the program will meet the requirements set forth in NAC 641B.190, the nature of the studies or
activities, the degree of interaction with instructors or colleagues that is
expected, if any, and the date for completing the program. A licensee may apply
for credit pursuant to this subsection for not more than 7.5 hours for a 2-year
period, unless the Board finds that the licensee demonstrated, in his or her
initial application, that he or she has good cause for the approval of
additional hours. The Board will not approve an application that includes
studies or activities that are being completed as a part of the primary job
duties of the licensee or the requirements for a class in which the licensee is
enrolled. To receive credit for completing a program approved pursuant to this
subsection, the licensee must, after completion of the program, submit
documentation, satisfactory to the Board, that he or she achieved the learning
objectives set forth in the application.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 11-28-89; A 11-9-92; R113-98, 1-13-99; R112-00, 1-17-2001; R079-02, 1-9-2003)

NAC 641B.193Complaint regarding program of continuing education or provider:
Investigation by Board; denial or withdrawal of approval. (NRS 641B.160, 641B.280)

1. If the Board receives a complaint
regarding a course or program of continuing education or a provider, the Board
will investigate the complaint. The investigation may include, without
limitation:

(a) Requesting a written response from the
provider; and

(b) Reviewing all relevant documents.

2. If a provider does not submit a response
to a request made pursuant to paragraph (a) of subsection 1, the Board may deny
approval of any future programs submitted by the provider.

3. As a result of a complaint regarding a
program of continuing education or a provider or on its own motion, the Board
will deny or withdraw approval of the course or program if it finds that:

(a) The course or program of continuing education
is not in the best interest of the licensee; or

(b) The provider of the course or program:

(1) Fails to furnish any material as advertised;

(2) Engages in any misleading, deceptive or
unethical business or professional practice;

(3) Fails to furnish any material required by
law; or

(4) Fails to comply with any provision of chapter 641B of NRS or any regulation
adopted pursuant to that chapter.

1. The status of a licensee must not be used
to support any claim, promise or guarantee of successful service, nor may the
license be used to imply that the licensee has competence in another
profession.

2. A licensee shall not misrepresent,
directly or by implication, his or her own professional qualifications,
competency, affiliations and licenses, or those of the institutions and
organizations with which he or she is associated. A licensee shall provide
accurate information concerning his or her credentials, education, training and
experience upon request from a client or potential client.

3. If a licensee holds more than one occupational
license, he or she shall disclose to his or her client orally and in writing
the type of practice of social work in which the licensee is engaged and which
of the licenses apply to the practice of social work the licensee is providing
to that client. If a licensee is engaged in a practice that is not the practice
of social work, the licensee shall disclose to the client orally and in writing
the type of practice in which the licensee is engaged and that the practice is
not within the scope of the practice of social work. If the licensee fails to
disclose to the client that the practice in which the licensee is engaged is a
practice other than the practice of social work, the Board, in evaluating
whether the licensee is in compliance with the standards of professional
responsibility, will presume that the practice in which the licensee was
engaged was intended to be the practice of social work.

4. A licensee shall not engage in the
practice of social work while:

(a) The licensee is impaired by alcohol, drugs or
any other chemical; or

(b) The licensee is impaired by a mental or
physical condition that prevents him or her from practicing safely.

5. A licensee shall not use his or her
relationship with a:

(a) Client;

(b) Person with significant personal ties to a
client, whether or not related by blood; or

(c) Legal representative of the client,

Ê to further
his or her own personal, religious, political or business interests.

6. A licensee is responsible for setting and
maintaining professional boundaries with:

(a) Each client;

(b) Each person with significant personal ties to a
client, whether or not related by blood;

(c) The legal representative of the client;

(d) Each intern; and

(e) Persons who are supervised by the licensee.

7. Except as otherwise provided by law, a
licensee shall not give or receive, directly or indirectly, a fee, commission,
rebate or other compensation for professional services that the licensee has
not actually and personally rendered. If a licensee is supervising the work of
an intern or employee, any billing or documentation of the work must clearly
show that the licensee supervised the work and did not personally render
services.

8. A licensee shall not knowingly offer
service to a client who is receiving treatment from another licensee without
prior consultation between the client and the other licensee.

9. Except as otherwise provided in
subsection 13, a licensee shall not disparage the qualifications of any
colleague.

10. A licensee shall not attempt to
diagnose, prescribe for, treat or advise on any problem outside his or her
field of competence. Except as otherwise provided in this subsection, a
licensee shall not assume duties and responsibilities within the practice of
social work if he or she cannot perform the services competently. A licensee
may assume duties and responsibilities within the practice of social work for
which he or she cannot currently perform the services competently if he or she
prepares a reasonable written plan demonstrating the manner in which he or she
will acquire the competence necessary to perform the services competently. Such
a plan must be completed under the supervision of or with the consultation of a
professionally qualified person who can demonstrate competency in the area of
study. A copy of a plan prepared pursuant to this subsection must be provided
to the Board upon request by the Board.

11. A licensee shall base his or her
practice upon recognized knowledge relevant to social work.

12. A licensee shall critically examine and
keep current with emerging knowledge relevant to social work.

13. A licensee shall report to the Board any
unlicensed, unauthorized, unqualified or unethical practice of social work.

14. Based upon recognized knowledge and
standards of practice for social work, a licensee shall prepare and maintain in
a timely manner a record regarding each of his or her clients which:

(a) Sets forth his or her assessment of the
problems, issues or concerns of the client, the course of treatment or plan of
care for the client and the scope of the licensee’s services to that client,
including, without limitation, any interventions, consultations or mandated
reporting; and

(b) Includes, without limitation, copies of:

(1) All documents relating to the informed
consent of the client;

(2) All documents relating to the release of
information regarding the client;

(3) A record of each contact with the client
which includes the date and time of the contact; and

(4) All other documents required by law or
legal documents regarding the client.

(d) Refuse to release a client’s records upon
request by the client unless otherwise specifically authorized by law.

16. A licensee shall maintain each client’s
records for at least 10 years unless otherwise specifically authorized by law.

17. A licensee shall adequately complete and
submit to the Board any reports required pursuant to chapter 641B of NRS, any regulations
adopted pursuant to that chapter and any order, rule or instruction of a court
of competent jurisdiction in a timely manner.

18. A licensee shall comply with all the
provisions of the statutes and regulations governing the practice of social
work that are set forth in this chapter and chapter 641B of NRS. A licensee shall
comply with any state or federal law or regulation that is relevant to the
practice of social work.

19. A licensee shall not authorize a person
under the supervision of the licensee to perform services outside of the level
of licensure, training or experience of the person who is supervised or allow
that person to hold himself or herself out as having expertise in a field in
which he or she is not qualified.

20. A licensee shall not order or knowingly
allow a person under the supervision of the licensee to engage in any illegal
or unethical act related to social work.

21. A licensee shall notify the Board in
writing within 21 days after:

(a) An action is taken against a license,
certification, registration or credential of the licensee issued by any state
or territory of the United States;

(b) A criminal charge is filed against the
licensee;

(c) The licensee is charged with or convicted of a
criminal offense, other than a misdemeanor traffic offense;

(d) A civil action, including, without limitation,
an action for malpractice, is filed against the licensee for any act relating
to the practice of social work;

(e) A settlement or judgment in a civil action, including,
without limitation, an action for malpractice, is filed against the licensee
for any act relating to the practice of social work;

(f) The licensee has been placed in a diversionary
program; or

(g) The licensee has entered into a program for the
treatment of the abuse of a controlled substance or alcohol or a program for
the treatment of any other impairment.

22. A licensee shall not supervise any
person who engages in the practice of social work if that person has not
satisfied the appropriate requirements for licensure pursuant to this chapter
and chapter 641B of NRS.

23. A licensee shall not provide any
services, including, without limitation, any diagnosis, therapeutic counseling,
therapy or other clinical services, to an intern or other person over whom the
licensee has administrative, educational or supervisory authority.

24. A licensee shall not knowingly obstruct
an investigation conducted by the Board.

1. A licensee shall practice social work
with professional skill and competence.

2. If a licensee must act on behalf of a
client who has been declared incompetent or otherwise found by the Board to be
incapable of acting in his or her own best interest, the licensee shall
safeguard the interests and rights of that client.

3. If another person has been legally
authorized to act on behalf of an incompetent client, a licensee shall deal
with that person in accordance with the best interests of the client.

4. A licensee shall not practice, condone,
facilitate or collaborate with any form of discrimination on the basis of race,
color, sex, sexual orientation, age, religion, national origin, social,
economic, health or marital status, political belief, diagnosis, mental or
physical disability, or any preference or personal characteristic, condition or
status.

5. A licensee shall not misrepresent to a
client the efficacy of his or her service or the results to be achieved.

6. A licensee shall apprise his or her
clients of the risks, rights, opportunities and obligations, financial or
otherwise, associated with the provision of social work services to them.

7. A licensee shall seek advice and counsel
of colleagues and supervisors whenever it is in the best interest of the
client. A licensee shall collaborate with other colleagues as necessary to meet
the needs or interests of the client.

8. A licensee shall terminate service to a
client and a professional relationship with a client when the service and
relationship are no longer required or no longer serve the needs or interests
of the client.

9. A licensee shall not withdraw his or her
social work services precipitously, except under unusual circumstances and
after giving careful consideration to all factors in the situation and taking
care to minimize possible adverse effects to the client.

10. A licensee who anticipates the
termination or interruption of service to a client shall notify the client
promptly and seek the transfer, referral or continuation of service in relation
to the needs and preferences of the client.

11. Except as otherwise provided in
subsection 12, a licensee shall not influence or attempt to influence a:

(a) Client;

(b) Person with significant personal ties to a
client, whether or not related by blood; or

(c) Legal representative of the client,

Ê in any manner
which could reasonably be anticipated to result in the licensee deriving
benefits of an unprofessional nature during the time that the client is
receiving professional services and for 2 years after the termination of the
services.

12. A licensee shall not engage in sexual
activity with a client during the time that the client is receiving
professional services and for 3 years after the termination of the professional
relationship.

13. A licensee shall not solicit or enter
into a dual relationship with a client, intern or person who is supervised by
the licensee:

(a) During the time that the client is receiving
professional services from, or the intern or person is being supervised by, the
licensee; and

(b) For at least 2 years after the termination of
the professional relationship, internship or period of supervision.

14. A licensee shall not cause a client
physical, mental or emotional harm by taking direct or indirect actions or
failing to take appropriate actions.

1. Records showing a client’s problems and
the scope of the licensee’s services and information obtained from or about a
client, including the licensee’s personal knowledge of the client, must be
maintained in a manner that ensures security and confidentiality. No
confidential records or information contained therein or information obtained
from or about a client, including the licensee’s personal knowledge of the
client, may be released except:

(a) By written consent of the client;

(b) In accordance with a subpoena issued by the
Board;

(c) Pursuant to an investigation by the Board; or

(d) As otherwise provided by law.

2. A licensee is responsible for informing
his or her client of the confidentiality policies of the licensee, applicable
confidentiality and privacy laws and the limits of confidentiality.

3. Except as otherwise provided by law,
information deemed to be confidential pursuant to subsection 1 must not be
communicated to others without the client’s consent unless there is clear and
immediate danger to some person or to society, and then only to the appropriate
family members, professional workers, public authorities or, if there is a
clear and immediate danger to a specific person or persons, to that person or
persons.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 11-8-95; R112-00, 1-17-2001; R142-08, 2-11-2009)

1. A licensee who violates any of the
provisions of NAC 641B.200 to 641B.215, inclusive, or commits any act that
constitutes a basis for refusal by the Board to issue a license pursuant to
subsection 2 of NRS 641B.260
is guilty of unprofessional conduct.

2. If a violation or other unprofessional
conduct occurs while a license of a licensee is in effect, the Board will take
disciplinary action, as appropriate, against the licensee even if the license
thereafter has expired or been suspended.

3. The revocation, suspension or other
disciplinary action taken by any state on a professional license or certificate
or registration that was issued by that state is grounds for disciplinary
action against the licensee by the Board for unprofessional conduct.

4. The failure of a licensee to comply with
a stipulation, agreement, advisory opinion or order issued by the Board
constitutes unprofessional conduct.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92; R113-98, 1-13-99; R112-00, 1-17-2001)

1. “Professional incompetence” as that term
is used in NRS 641B.400 will
be interpreted by the Board to mean a lack of knowledge, skill or ability in
discharging a professional obligation and includes malpractice and gross
negligence.

2. For the purposes of this section,
“malpractice” in the practice of social work means conduct which falls below
the standard of care required of a licensee under the circumstances and which
proximately causes damage to a client.

3. For the purposes of this section, “gross
negligence” in the practice of social work means conduct which represents an
extreme departure from the standard of care required of a licensee under the
circumstances and which proximately causes damage to a client.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R079-02, 1-9-2003)

1. Each licensee shall use his or her title
designated in this chapter in all communications with the Board.

2. An applicant for licensure as a licensed
independent social worker or as a licensed clinical social worker who is in a
program to complete the required hours of supervised, postgraduate training
shall, during the course of the program of internship, use the title “intern”
in all communications made within the scope of his or her practice, including,
without limitation, all communications with the Board and with his or her
respective clients.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92; R113-98, 1-13-99; R079-02, 1-9-2003)

1. The Board may appoint an attorney who is
licensed to practice law in this State or a licensee to serve as a hearing
officer in a contested case. The hearing officer may, upon the request of the
Board:

(a) Conduct hearings;

(b) Question witnesses;

(c) Make rulings on motions and objections;

(d) Submit suggested findings of fact or
conclusions of law to the Board at the conclusion of the case; and

(e) Take the actions assigned to the “presiding
officer” or the “presiding member of the Board” pursuant to the provisions of
this chapter.

Ê In the
contested case in which a hearing officer is designated pursuant to the
provisions of this section, the Board will make the final determination of all
findings of fact and conclusions of law in the case.

2. If the Board does not appoint a hearing
officer pursuant to subsection 1, the Board will designate the Executive
Director, a presiding officer or any other member of the Board to serve as the
hearing officer.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R112-00, 1-17-2001; A by R079-02, 1-9-2003)

PRACTICE BEFORE THE BOARD OF EXAMINERS FOR SOCIAL WORKERS

Parties and Representatives

NAC 641B.250Classification of parties. (NRS 641B.160)Parties
to proceedings before the Board must be styled “applicant,” “complainant,”
“intervener,” “petitioner,” “protestant” or “respondent,” according to the
nature of the proceedings and the relationship of the parties thereto. In any
proceeding which the Board initiates, the Board will be styled the
“complainant.”

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.255Appearance by Board’s staff. (NRS 641B.160)Members
of the Board’s staff may appear at any proceeding and participate as a party.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.260Entry of appearance. (NRS 641B.160)A party
shall enter his or her appearance at the beginning of a hearing or at any time
designated by the presiding officer, by giving his or her name and address and
stating his or her position or interest to the presiding officer. The
information must be entered in the record of the hearing.

2. An attorney appearing as counsel in any
proceeding must be an attorney at law, admitted to practice and in good
standing before the highest court of any state. If the attorney is not admitted
and entitled to practice before the Supreme Court of Nevada, he or she must be
associated with an attorney so admitted and entitled to practice.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.270Service upon attorney. (NRS 641B.160)Following
the entry of an appearance by an attorney for a party, all notices, pleadings
and orders to be served thereafter upon the party must be served upon his or
her attorney, and such service is, for all purposes, valid service upon the
party represented.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.275Withdrawal of attorney. (NRS 641B.160)Any
attorney of record wishing to withdraw from a proceeding before the Board must,
in writing, immediately notify the Board or its presiding officer, the party
whom he or she represented and any other parties to the proceeding.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

Pleadings, Motions and Discovery

NAC 641B.280Captions. (NRS 641B.160)Pleadings
before the Board must be styled “applications,” “petitions,” “complaints” and
“answers.”

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.285Execution. (NRS 641B.160)Every
pleading, except a petition, must be signed by the person who submits it.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92)

NAC 641B.290Construction. (NRS 641B.160)The
Board will construe all pleadings so as to administer justice between the
parties, and the Board will, or its presiding officer will, at every stage of
any proceedings, disregard errors or defects in the pleadings or proceedings
which do not affect the substantial rights of the parties.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.295Applications. (NRS 641B.160)A
pleading requesting a privilege, license or authority from the Board must be
styled as an “application.” It must set forth the full name and address of the
applicant, and must contain such facts or exhibits as may be required by
statute or these regulations.

1. Each pleading in which a party prays for
affirmative relief, excluding an application, complaint or answer but including
a request for a declaratory order or an advisory opinion or for the adoption,
amendment or repeal of any regulation, must be styled a “petition.”

2. A petition must contain the petitioner’s
full name and mailing address and be signed by him or her.

1. The Board will initially consider any
written accusation regarding a licensee as an informal complaint. Upon receipt
of an informal complaint, the Board’s staff shall examine the complaint to
determine whether it:

(a) Has been properly verified; and

(b) Alleges sufficient facts to warrant further
proceedings.

2. If the Board’s staff determines that the
informal complaint is properly verified and does allege sufficient facts, the
Board will notify the respondent by certified mail of the allegations and
potential violations of a provision of this chapter or chapter 641B of NRS arising in the
informal complaint and request a response for the Board’s review before a
hearing is set. This notice shall be deemed a notice of intended action
pursuant to subsection 3 of NRS
233B.127.

3. The respondent may respond in writing to
the office of the Board within 14 days after receiving notice from the Board
pursuant to subsection 2. The written response must:

(a) Contain responses to all the allegations
contained in the notice; and

(b) Be accompanied by all documentation that will
be helpful to the Board’s staff in reviewing the allegations.

4. The Board’s staff and the legal counsel
to the Board shall review the informal complaint and any response it receives
from the respondent pursuant to subsection 3. The Board’s staff and the legal
counsel to the Board may:

(a) Investigate the allegations and may employ such
persons or appoint such members of the Board as they deem necessary to further
the investigation;

(b) Consult with experts in the appropriate field
and may employ the experts for purposes of investigation or hearing;

(c) Investigate new leads or allegations that may
come to their attention in the course of investigating the informal complaint;
and

(d) Take any other reasonable action necessary to
further the investigation.

5. When the investigation is completed, the
Board’s staff, legal counsel to the Board and persons employed by the Board,
including any Board members appointed to assist in the investigation, shall
determine whether substantial evidence exists to sustain the alleged violation
of a provision of this chapter or chapter
641B of NRS. If it is determined that no violation of a statute or
regulation can be sustained, the Board’s staff shall notify the complainant and
the respondent of this determination in writing. If new evidence is discovered,
the matter may at any time be reopened and investigated by the Board, if
circumstances warrant.

6. If it is determined that a violation of a
statute or regulation can be sustained, the legal counsel to the Board shall
prepare a notice of hearing and a formal complaint.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92; R112-00, 1-17-2001; R079-02, 1-9-2003)

1. A formal complaint must contain a
statement of facts showing that a provision of chapter 641B of NRS or of this chapter
has been violated. The formal complaint must be sufficiently detailed to enable
the respondent to prepare a defense. All applicable statutes, regulations and
orders of the Board must be cited in the formal complaint, together with the
date on which the act or omission is alleged to have occurred.

2. If more than one cause of action is
alleged in a formal complaint, each cause of action must be stated and numbered
separately. Two or more complainants may be joined in one formal complaint if
their respective causes of action are against the same person and deal
substantially with the same violation of law, or of a regulation or order of
the Board.

3. A formal complaint must be filed with the
Board.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.315Formal complaints: Service and response. (NRS 641B.160)If the
Board determines that a complaint warrants administrative action, a copy of the
formal complaint will be served upon each person against whom the formal
complaint is made. Such a person may respond to the formal complaint by filing
an answer within 20 days after receipt thereof. If he or she fails to answer
within the time prescribed, he or she will be deemed to have denied generally
the allegations of the formal complaint.

1. A motion must be made in writing, unless
otherwise authorized by the Board or hearing officer during a hearing.

2. Each written motion must set forth the
nature of the relief sought and the grounds for the motion.

3. A written motion must be served on the
opposing party and the Board at least 15 days before the time set for the
hearing on the disciplinary action.

4. Except as otherwise provided in this
subsection, an opposing party may file a written response to a motion within 10
days after the receipt of the motion by serving the written response on all
parties and the Board. The Board will not consider a written response filed
less than 3 days before the time set for the hearing on the disciplinary
action, unless the party, at the hearing, demonstrates good cause.

5. Except as otherwise provided in this
subsection, the party who made the motion may serve and file a written reply to
the response within 7 days after the receipt of the response by serving the
written reply on all parties and the Board. The Board will not consider a
written response less than 3 days before the time set for the hearing on the
disciplinary action, unless the party, at the hearing, demonstrates good cause.

6. The presiding officer shall rule on all
motions at or before the scheduled hearing. A decision on a motion may be made
without oral argument unless oral argument is required. If oral argument is
required, the presiding officer will set a date and time for hearing the
argument.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R112-00, 1-17-2001)

NAC 641B.325Filing pleadings and motions. (NRS 641B.160)An
original and two legible copies of each pleading, motion or other paper must be
filed with the Board. The Board may direct that a copy of each pleading and
motion be made available by the party filing it to any other person who the
Board determines may be affected by the proceeding and who desires a copy.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.330Method of service. (NRS 641B.160)Every
notice, advisory opinion, declaratory order or other document to be served by
the Board will be served by mail or delivered in person. Service thereof by
mail will be deemed complete when a true copy of the document is deposited in
the United States mail, postage prepaid, and addressed to the last known
address provided to the Board by the licensee pursuant to subsection 2 of NAC 641B.085.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 11-28-89)

NAC 641B.335Proof of service. (NRS 641B.160)Each
document to be served by the Board or any party to a proceeding before the
Board must include an acknowledgment of service or proof of service.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92)

1. No less than 10 days before a matter is
scheduled for a disciplinary hearing, any party may serve upon any other party
a written demand for:

(a) Copies of all documents reasonably available to
the other party which are anticipated to be used in support of that party’s
position.

(b) A written list of persons whom the other party
reasonably anticipates will testify at the disciplinary hearing. Each person
must be identified by name and location, along with a general description of
the subject matter of his or her testimony.

2. The party to whom such a request is made
must respond within 5 days of receiving the request.

3. The party to whom such a request is made
is under a continuing duty to supplement promptly his or her response to the
request.

4. Failure to comply with this section may
result in the exclusion of the undisclosed documents or witnesses at the time
of hearing.

5. The procedure set forth in this section
is the only method of discovery allowed pursuant to this chapter.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.342Continuance. (NRS 641B.160) The
Board will grant a continuance upon a joint stipulation of the parties or the
existence of emergency conditions or for good cause shown upon a written
request filed with the Board and physically served upon the opposing party not
later than 10 days before the hearing. The term “good cause shown” will be
narrowly construed. Any party requesting a continuance for good cause shown
shall appear on the date set for the hearing and be prepared to proceed.

(Added to NAC by Bd. of Exam’rs for Social Workers by
R112-00, 1-17-2001)

1. If a party fails to appear at a hearing
scheduled by the Board and no continuance has been requested or granted, the
Board may hear testimony of witnesses who have appeared and proceed to consider
the matter and dispose of it on the basis of the evidence before it.

2. Where, because of accident, sickness or
other reasonable cause, a person fails to appear for a hearing or request a
continuance thereof, he or she may, within a reasonable time but not more than
30 days after the date originally set for the hearing, apply to the Board to
reopen the proceedings. Upon finding the cause sufficient and reasonable, the
Board will set a new time and place for hearing and give the person notice
thereof. Witnesses who have previously testified may not be required to appear
at the second hearing unless so directed by the Board.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R142-08, 2-11-2009)

NAC 641B.355Preliminary procedure. (NRS 641B.160)The
presiding member of the Board will call the proceeding to order, proceed to
take the appearances and act upon any pending motions or petitions. The parties
may then make opening statements.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.360Conduct. (NRS 641B.160)At a
hearing before the Board, all parties and their counsel and the spectators
shall conduct themselves in a respectful manner.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.365Testimony under oath. (NRS 641B.160)All
testimony to be considered by the Board in any hearing, except matters noticed
officially or entered by stipulation, will be sworn testimony. Before taking
the witness stand, each person must swear or affirm that the testimony he or
she is about to give in the hearing before the Board will be the truth, the
whole truth and nothing but the truth.

1. Each applicant, petitioner or complainant
may present his or her evidence, and then such parties as may be opposing the
application, petition or complaint may submit their evidence. The presiding
member of the Board will determine the order in which any intervener may
introduce his or her evidence.

2. Evidence will ordinarily be received from
the parties in the following order:

(a) Upon an application or petition:

(1) Applicant or petitioner.

(2) Board’s staff.

(3) Protestant.

(4) Rebuttal by applicant or petitioner.

(b) Upon a complaint:

(1) Complainant.

(2) Respondent.

(3) Rebuttal by complainant.

(4) Surrebuttal by respondent.

3. The Board or its presiding member may
modify the order of presentation and may allow the parties to make closing
statements.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.375Consolidation of proceedings. (NRS 641B.160)The
presiding member of the Board may consolidate two or more proceedings for one
hearing whenever it appears that the issues are substantially the same and the
interests of the parties will not be prejudiced by a consolidation.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.380Stipulations. (NRS 641B.160)With the
approval of the presiding member of the Board, the parties may stipulate as to
any fact at issue, either by a written stipulation introduced in evidence as an
exhibit or by an oral statement shown upon the record. Any such stipulation is
binding upon all parties to the stipulation, and it may be treated as evidence
at the hearing. The presiding member may require evidential proof of the facts
stipulated to, notwithstanding the stipulation.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.385Briefs. (NRS 641B.160)The
Board may request briefs to be filed within a specified time. Briefs must be
accompanied by proof of service.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.390Official notice. (NRS 641B.160)In
addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take
official notice of regulations, official reports, decisions, orders, standards
or records of the Board, of any other regulatory agency of the State of Nevada,
or of any court of record.

1. Within 30 days after the Board has made a
decision or issued an order, the aggrieved party may apply for a rehearing by
filing a written petition setting forth the grounds for the rehearing. The only
grounds for rehearing which will be considered by the Board are:

(a) Material mistake or fraud affecting the
decision; or

(b) The discovery of previously unavailable
material evidence.

2. The Board will act upon a petition for
rehearing within 30 days after receiving it. If no action is taken by the Board
within the 30-day period, the petition is deemed denied.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92; R142-08, 2-11-2009)

NAC 641B.410Rehearing on motion of Board. (NRS 641B.160)The
Board, on its own motion, may order a rehearing of its decision if mistake,
fraud or misconception of facts existed in the forming of its original
decision.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.415Effect of filing petition for rehearing. (NRS 641B.160)The
filing of a petition for a rehearing does not excuse compliance with an order
or decision of the Board, nor suspend its effectiveness, unless the Board, by
order, allows the excuse or declares the suspension.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

Miscellaneous Petitions

NAC 641B.420Petition for declaratory order or advisory opinion: Scope of
consideration. (NRS 641B.160)The
Board will consider petitions for declaratory orders or advisory opinions as to
the applicability of any statutory provisions or any regulation or decision of
the Board.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88)

NAC 641B.425Petition for declaratory order or advisory opinion: Action by
Board. (NRS 641B.160)

1. Upon receiving a petition for a
declaratory order or an advisory opinion, the Board will place the matter on
the agenda for discussion at its next regularly scheduled meeting. If the
petition is received within 10 days before the next regularly scheduled
meeting, the petition may be placed on the agenda for discussion at the
following meeting.

2. At the appropriate meeting, the Board
will consider the matter and grant or deny the petition.

3. If the Board denies the petition, no
further action will be taken.

4. If the Board grants the petition, the
Board will issue its declaratory order or advisory opinion within 90 days after
granting the petition, or within 120 days if good cause exists for an extended
period of consideration. The Board may schedule a hearing on the issue raised
in the petition before issuing its decision. Such a hearing constitutes
sufficient cause to warrant the extension.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92)

NAC 641B.430Petition for declaratory order or advisory opinion: Preparation
of order or opinion. (NRS 641B.160)After
the Board determines that an issue concerning the applicability of a provision
of a statute, regulation or decision should be addressed, the president or
other presiding officer will assign one member of the Board to write an order
or opinion. Within 60 days thereafter, the member so assigned will:

1. Review comments by all members of the
Board on the issue;

2. Research the issue and, if necessary,
seek the assistance of the Attorney General; and

3. Submit a draft of the order or opinion to
the Board for its approval.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92)

NAC 641B.435Petition for declaratory order or advisory opinion: Notice of
order or opinion. (NRS 641B.160)After
the Board renders its declaratory order or advisory opinion, the Executive
Director will give notice of it to the petitioner.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R113-98, 1-13-99)

NAC 641B.440Petition for declaratory order or advisory opinion: Violation of
order or opinion. (NRS 641B.160)Any
violation of a declaratory order or advisory opinion rendered by the Board will
be considered unprofessional conduct.

1. A petition for adoption, amendment or
repeal of a regulation must be in writing and be prepared in a form approved by
the Board.

2. If the Board receives a petition within
30 days before its next regular meeting, the petition will be placed on the
agenda for discussion to determine whether the petition should be denied or
procedures for adoption of a regulation should be commenced.

3. If a petition is received by the Board
during any period in which a regular meeting is not scheduled within 30 days,
the Executive Director will place the petition on the agenda of the next
regularly scheduled meeting.

4. The Board may call a special meeting to
consider a petition.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A by R113-98, 1-13-99)

NAC 641B.450Petition to appear before Board.
(NRS 641B.160)Any
person may petition the Board to appear and be heard on any matter within the
jurisdiction of the Board, as follows:

1. The petition must be in writing and
contain a brief summary of the subject matter and the reasons for bringing the
matter before the Board.

2. The petition must be received by the
Board at least 15 days before the meeting at which the petitioner wishes to be
heard, but the Board may waive this requirement.

(Added to NAC by Bd. of Exam’rs for Social Workers,
eff. 9-20-88; A 5-15-92)